By using the Website, you consent to the terms of this TOU, as amended from time to time. If you do not agree with any of the terms of this TOU, do not use the Website. HashMove Inc., its affiliates and subsidiaries (“HashMove”) reserve the right to update the TOU at any time without notice to you. The most current version of the TOU will be posted on the Website which you are encouraged to check regularly to stay updated regarding the latest versions of this TOU which governs your use of the Website.
The Website is controlled and operated by HashMove. All content on the Website is protected by copyrights which are owned and controlled by HashMove or by other parties that have licensed their materials to HashMove. Unless otherwise specified, the content on this Website is for personal and non-commercial use and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell content obtained from the Website without written permission from authorized personnel acting on behalf of HashMove.
HashMove Software Available on the Website
Any HashMove Software that is made available to download from the Website is the copyrighted work of HashMove and/or HashMove’s licensors. Use of the HashMove Software is governed by the terms of the software license agreement which accompanies or is included with the HashMove Software (the “License Agreement“). The HashMove Software is made available online solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE HASHMOVE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED AND HASHMOVE RESERVES THE RIGHT TO TAKE RELEVANT ACTION WHICH MAY INCLUDE BUT SHALL NOT BE LIMITED TO SEEKING PERMANENT INJUNCTIONS AGAINST YOU TO PROTECT ITS RIGHTS AND INTERESTS.
Free Online Tools or Services
From time to time, HashMove may provide free, online tools or services (“Free Tools”), such as the Vessel Schedules or Track Your Shipment. Schedule A to these TOU applies to your use of Free Tools.
License of Your Content
By posting, publishing, uploading, or distributing any messages, data, software, workspaces, information, text, graphics, links, content, or other materials (collectively, “Postings”) for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) HashMove a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Postings or incorporate such Postings into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against HashMove for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to HashMove.
Restrictions on Use
You agree not to knowingly:
- use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website;
- post or transmit to the Website any unlawful, fraudulent, harassing, libelous, or obscene information of any kind;
- post or send to the Website any information that contains a virus, bug, or other harmful item;
- publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Website’s content other than as expressly permitted herein;
- post to or transmit via the Website any information in violation of another party’s copyright or intellectual property rights;
- take any action which could damage, disable, overburden or impair the Website infrastructure or HashMove’s network system;
- re-deliver any of Website or the content using “framing”, hyperlinks, or other technology without HashMove’s permission;
- attempt to gain unauthorized access to any software, other accounts, computer systems or networks connected to any HashMove server through hacking, password mining or any other means;
- take any action which may interfere with any other party’s use and enjoyment of the Website; or,
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
Right to Regulate
You acknowledge that HashMove has the right, but no obligation, to monitor all activity relating to the Website. HashMove may disclose any information necessary to operate the Website, to protect HashMove, third parties, HashMove’s customers, and to comply with legal obligations or governmental requests. HashMove reserves the right, in its sole and absolute discretion, to monitor and edit Postings and registrations, remove them, and cause them not to be registered, posted, published, uploaded or distributed at any time and for any reason or no reason. HashMove reserves the right to change the Website at any time at its sole discretion without notice to users. HashMove may deny access to the Website to anyone at any time for any reason whatsoever.
Compliance with Law
You agree to comply with all governmental laws, statutes, ordinances, and regulations regarding your Website use that are applicable within the jurisdiction that you are situated and where the Hashmove Services are used.
Certain sections of the Website require you to register. If registration is requested, you agree to provide accurate and complete registration information on your own behalf and not on behalf of any third party. It is your responsibility to inform HashMove of any changes to that information or to change such information by signing into your account. Each registration is only for a single individual (representing an entity). HashMove does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. You also agree that by not providing information that is satisfactory to Hashmove, Hashmove reserves the right to restrict or reject your registration until such time that such information has been provided by you.
If HashMove grants you access to password-protected areas of the Website, you agree to keep your password confidential and to send notice to HashMove immediately if your password is compromised. You acknowledge that the Internet is a network of computers worldwide, and that information is routed via third party computers to and from HashMove, and that HashMove is not responsible for lapses in online security and does not assume liability for improper use of your information by a third party.
Links to Other Sites
The Website may contain links to other web sites. Such linked sites are not under HashMove’s control, and HashMove is not responsible for and does not endorse the content of linked sites. You will need to use your independent judgment regarding your interaction with such linked sites.
THE WEB SITE, INCLUDING THE FREE TOOLS AND ALL OTHER CONTENT AND HASHMOVE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND WITH ALL DEFECTS AND ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HASHMOVE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HASHMOVE ASSUMES NO LIABILITY FOR DAMAGE TO ANY SYSTEM ON WHICH HASHMOVE SOFTWARE OR OTHER CONTENT IS INSTALLED, FOR CORRUPTION OF ANY DATA TRANSLATED, OR FOR LOSSES ARISING DUE TO THE ACTS OR OMISSIONS OF THIRD PARTIES. HASHMOVE MAKES NO WARRANTIES THAT THE WEB SITE, INCLUDING THE FREE TOOLS AND OTHER CONTENT OR HASHMOVE SERVICES, WILL BE ERROR-FREE OR UNINTERUPPED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEB SITE OR HASHMOVE SERVICES WILL PROVIDE SPECIFIC RESULTS. HASHMOVE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFIT OR BUSINESS OPPORTUNITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEB SITE, FREE TOOLS, OR OTHER CONTENT OR HASHMOVE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEB SITE, FREE TOOLS, OTHER CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HASHMOVE FOR DISSATISFACTION WITH THE WEB SITE OR HASHMOVE SERVICES IS TO STOP USING THE WEB SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES AND YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE.
You agree to indemnify and hold HashMove harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against HashMove by any third party due to or arising from your use of the Website or Hashmove Services.
The TOU shall be governed by, construed, interpreted, and enforced in accordance with the laws applicable in the Emirate of Dubai. The courts of the Emirate of Dubai shall have exclusive jurisdiction to settle any dispute, whether contractual or non-contractual, arising out of or in connection with this Agreement. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of the Emirate of Dubai.
If any provision of the TOU is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of the TOU shall continue in full force and effect.
SCHEDULE A – FREE TOOLS
You may access the Free Tools using the interfaces provided and in compliance with these TOU. The following additional terms apply to the use of Free Tools:
The Free Tools may allow you to upload your files or data (collectively, “Your Data”). You retain ownership of any intellectual property rights that you hold in Your Data. You consent to HashMove’s use of Your Data for the limited purpose of providing and operating the Free Tools. You acknowledge that Your Data may be stored on a third-party server located anywhere in the world. HashMove regularly deletes all files and data from its servers once data conversions are completed. You acknowledge that the Internet is a network of computers worldwide, and that any information submitted to or from the Free Tools is routed via third party computers and that HashMove is not responsible for lapses in online security and does not assume liability for improper use of Your Data by a third party.
Modification & Termination
HashMove reserves the right to modify, add, or delete any Free Tools at any time and in its sole discretion. Functionality and offerings may be added, removed or eliminated. Usage limits may be added or revised at any time with notice to you. Registration or login requirements may be added from time to time.